A Cheltenham business and contractor prosecuted after asbestos exposure

In a prosecution brought by Cheltenham Borough Council, Cheltenham Magistrates' Court heard that contractor Pzemyslaw Sikora failed to ensure a proper asbestos survey was available before work began. A porch at the front of Little Smarties nursery, which contained asbestos insulating board, was removed without the necessary controls or adequate protection. Pzemyslaw Sikora was contracted to paint the porch, however as it was in a poor state of repair it was later agreed, by both parties that it would be removed.

The court was told that Mr and Mrs Gray of G&G partners, the owners of Little Smarties, should not have undertaken work in demolition, maintenance or any other work which exposed or was liable to expose their employees, or others, to asbestos unless they had completed a suitable and sufficient assessment as to whether asbestos was present. They should have ensured a demolition and refurbishment survey was carried out and the results made available to Pzemyslaw Sikora.

Speaking after the hearing, the investigating officer, Senior Environmental Health officer, Sara Ball, said:
"The prosecution resulted from the investigation by Cheltenham Borough Council, Occupational Health and Safety Team of the uncontrolled release of asbestos at the nursery. As a result of the failings of the contractor and owners of the business asbestos was released in an uncontrolled manner and Mr Sikora was exposed to asbestos. This incident could have been avoided.

“The presence of asbestos alone should not be a cause for concern. Asbestos only becomes a risk to human health when it is released into the air and breathed in. Where asbestos containing materials are assessed as being in good condition and not in a position where they are likely to be damaged they should be left in place and monitored. However, where asbestos is in poor condition or is likely to be damaged during the normal use of the building, it should be sealed, enclosed or removed, as appropriate. Due to the risks involved when working with asbestos all necessary steps and precautions must be taken to remove it safely to ensure that trades people don't put themselves or others at risk by disturbing asbestos.”

Mr and Mrs Gray, pleaded guilty to breaching Health and Safety at Work etc Act section 2 and Regulation 5 of the Control of Asbestos Regulations 2006 and were fined £6,000 and ordered to pay £1,000 in costs. Mr Sikora, of Cheltenham, pleaded guilty to breaching Health and Safety at Work Act etc Act 1974 section 3 and was fined £500 and ordered to pay £250 in costs.

Asbestos-related illnesses are responsible for around 4,000 deaths every year. Further information on working with asbestos can be found at the Health and Safety Executive website. 

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